On Wednesday, May 5, 2021, Judge Friedrich of the United States District Court for the District of Columbia, entered an Order vacating the CDC’s nationwide eviction moratorium order. In a related opinion, Judge Friedrich ruled that the Public Health Service Act did not grant the CDC the legal authority to impose a nationwide eviction moratorium—in short: the CDC overstepped its statutory authority in issuing the eviction moratorium order.

Many judges across the country have pointed to this CDC moratorium as a fatal impediment for landlords seeking to evict tenants who are in default under their leases.  With this ruling, the floodgates are sure to open nationwide in landlord-tenant litigation.